- (1.) The petitioner joined Army on 28.02.1979. During the Army service, he passed B.A. (TDC), Part-III Examination, held in September, 1979, from Punjabi University Patiala. Thereafter, he passed B.Ed. Examination, held in the year 1989, from the same University. The petitioner served in the Army from 28.2.1979 to 31.10.2000, as an Education Instructor. In pursuance of the advertisement, published in the Newspaper, The Tribune, issued on 28.06.2001, copy Annexure P-4, the respondents invited applications for 351 posts of S.S. Masters (Male) (Code No. 0613). The petitioner, being eligible, applied for the post of S.S. Master, against the category of Ex-servicemen (General). He received a letter for interview, issued by respondent No. 3. He was also issued the roll number. Thereafter, he appeared for interview on 12.10.2001, at Chandigarh. The respondents, declared and published the result of selection of S.S. Masters (Male), in the newspaper "Rozana Ajit" dated 25.11.2001. The extract of the result relating to different categories of Ex.-Servicemen, is Annexure P-6. It was stated that the total number of Ex.-Servicemen candidates, belonging to different categories, who were selected for appointment, was about 34 whereas according to Rule 4(i) of the Punjab Recruitment of Ex-Servicemen Rules, 1982, 15% posts were reserved for Ex- servicemen. Thus, out of 351 vacancies, 52 vacancies were meant for Ex- Servicemen. It was further stated that the respondents, therefore, did not give due representation to the Ex-Servicemen and ignored the candidates of this category, including the petitioner, who were eligible and available for appointment. It was further stated that the respondents kept 18 vacancies unfilled, with an aim to adjust and appoint their own persons temporarily, from other sources. It was further stated that the respondents did not mention the criteria of selection, and the marks kept for interview. However, the said selection was made in an arbitrary manner, by giving more marks, in the interview, to their own candidates, and the candidates recommended by the political masters. It was further stated that the petitioner, who was fully qualified, and eligible for appointment as S.S. Master, against the category of Ex-Servicemen, was arbitrarily ignored. Accordingly, the instant petition, for issuance a Writ of Mandamus directing the respondents, to fill up all the vacancies of S.S. Masters, reserved for Ex-servicemen (General), as per the Rules and Instructions, was filed.
(2.) The respondents, in the written statement, admitted that the petitioner fell within the category of Ex-Servicemen. It was stated that as per the reservation policy, 13% posts were reserved for Ex-Servicemen, out of which 7% were meant for Ex-Servicemen (General), Category. Out of 351 posts of Social Science Masters/Mistress 25 posts were meant for Ex-servicemen (General) category and accordingly 25 candidates were selected, from this category, with five candidates, in waiting list. The last selected candidate secured 45.69 marks, but the petitioner secured 40.90 marks. The last candidate of Ex- Servicemen (General) Category in the waiting list secured 44.85 marks, so the petitioner could not be selected. The remaining averments, were denied being wrong.
(3.) I have heard the learned Counsel for the parties, and have gone through the record of the case, carefully.;